NYC Medical Examiner Dr. Cynthia Harris is expected to be the final witness called by prosecutors in a trial that has divided New Yorkers and cast a national spotlight on the city's response to crime and disorder in its transit system. It's unclear whether Penny will take the stand.
Friday, November 15, 2024 10:40AMThe prosecution could rest their case in the deadly subway chokehold trial of former Marine Daniel Penny . The defense is expected to begin on Monday.
"Once the person is rendered unconscious, that's when you're supposed to let go," Caballer told a jury on Thursday. Penny, an architecture student who served four years in the U.S. Marines, told police he was seeking to protect himself and other riders from a man who was acting erratically on the train and frightening riders with distressing comments. His attorneys have emphasized Neely's previous arrests, along with his struggles with mental illness and drug use.
Asked by prosecutors whether Penny had used the chokehold in an "improper" manner, Caballer said that he had. Jurors were also shown interrogation video for the first time Thursday of Penny demonstrating the chokehold that killed Neely to detectives during an interview inside the precinct. "I'm not -- I wasn't trying to like injure him, I'm just trying to keep him from hurting anybody else," Penny said in the video. "He's threatening people. That's what we learn in the Marine Corps."
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